The NDPS Act in its folds lays down various provisions regarding the de-addiction procedure and the creation of such centers by the government for this specific purpose. Although consumption of drugs is an offence as laid under provisions of section 27 of the NDPS Act and the same is punishable with imprisonment of up to one year or six months, depending upon the narcotics drugs in question.
However, drug addicts volunteering for treatment may get immunity under the Section 64A of the NDPS Act. Section 64A provides immunity to the drug addict not only for consumption (U/s 27 of the NDPS Act) but also for other offences involving small quantity of drugs under the NDPS Act. Thereby meaning, any addict found with possession of a small quantity of drugs can seek immunity under section 64A. However, if the addict is found in possession of drugs for a party and the total quantity of drugs exceeds small quantity as stipulated under the act, then he shall not get immunity under Section 64A of the NDPS Act. Provided that the said immunity from prosecution may be withdrawn if the addict does not undergo the complete treatment for de-addiction.
Further, Section 39 of the NDPS Act, gives the Courts discretion to send the convicted offenders to de-addiction centers, in case the offender consents to it. Even otherwise, Section 64 of the NDPS Act, gives immunity to the addict from prosecution, this concession may also be awarded to an addict in exchange for giving evidence for a prosecution as may be required from him. The extent of this immunity may be withdrawn in case of willful concealment or tendering false evidence before the Courts.
Further, Section 71 of the NDPS Act imposes the obligation upon the state for identifying and establishing De-Addiction Centers for addicts in the country. Moreover, the NDPS Act imposes the positive obligation of education and social development of addicts who undergo de-addiction treatment in the State.
Several such plans and schemes have been undertaken by the State, such as the National Action Plan for Drug Demand Reduction (NAPDDR) introduced by the Ministry of Social Justice and Empowerment which lays down a structured pathway to help reduce adverse consequences of drugs and substance abuse. The plan further includes awareness generation initiatives at college and school level, the plan also motivates peer-led and community-based interactions, intervention programs for adolescents and youth vulnerable to such abuse along with seminars and workshops for the parents, capacity building of service providers and better treatment facilities being the fundamental goal. The government led programme further extends to focused intervention in vulnerable districts, promoting collective initiatives and self-help among those vulnerable to addiction or individuals found at risk. This is supplemented by other community-based services for the identification, motivation, counselling, de-addiction, aftercare and de-addiction for Whole Person Recovery (WPR) of addicts.
DE-ADDICTION PROCEDURES & ESTABLISHMENT OF REHABS UNDER THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 ACT
The NDPS Act in its folds lays down various provisions regarding the de-addiction procedure and the creation of such centers by the government for this specific purpose. Although consumption of drugs is an offence as laid under provisions of section 27 of the NDPS Act and the same is punishable with imprisonment of up to one year or six months, depending upon the narcotics drugs in question.
However, drug addicts volunteering for treatment may get immunity under the Section 64A of the NDPS Act. Section 64A provides immunity to the drug addict not only for consumption (U/s 27 of the NDPS Act) but also for other offences involving small quantity of drugs under the NDPS Act. Thereby meaning, any addict found with possession of a small quantity of drugs can seek immunity under section 64A. However, if the addict is found in possession of drugs for a party and the total quantity of drugs exceeds small quantity as stipulated under the act, then he shall not get immunity under Section 64A of the NDPS Act. Provided that the said immunity from prosecution may be withdrawn if the addict does not undergo the complete treatment for de-addiction.
Further, Section 39 of the NDPS Act, gives the Courts discretion to send the convicted offenders to de-addiction centers, in case the offender consents to it. Even otherwise, Section 64 of the NDPS Act, gives immunity to the addict from prosecution, this concession may also be awarded to an addict in exchange for giving evidence for a prosecution as may be required from him. The extent of this immunity may be withdrawn in case of willful concealment or tendering false evidence before the Courts.
Further, Section 71 of the NDPS Act imposes the obligation upon the state for identifying and establishing De-Addiction Centers for addicts in the country. Moreover, the NDPS Act imposes the positive obligation of education and social development of addicts who undergo de-addiction treatment in the State.
Several such plans and schemes have been undertaken by the State, such as the National Action Plan for Drug Demand Reduction (NAPDDR) introduced by the Ministry of Social Justice and Empowerment which lays down a structured pathway to help reduce adverse consequences of drugs and substance abuse. The plan further includes awareness generation initiatives at college and school level, the plan also motivates peer-led and community-based interactions, intervention programs for adolescents and youth vulnerable to such abuse along with seminars and workshops for the parents, capacity building of service providers and better treatment facilities being the fundamental goal. The government led programme further extends to focused intervention in vulnerable districts, promoting collective initiatives and self-help among those vulnerable to addiction or individuals found at risk. This is supplemented by other community-based services for the identification, motivation, counselling, de-addiction, aftercare and de-addiction for Whole Person Recovery (WPR) of addicts.
Written By:
Advocate Rohit Dhankar